Podcast
Questions and Answers
What is the maximum duration for the suspension of a Certificate of Registration (COR)?
What is the maximum duration for the suspension of a Certificate of Registration (COR)?
What must occur for a revoked COR to be re-issued?
What must occur for a revoked COR to be re-issued?
What is required for a nurse who has been inactive for five years?
What is required for a nurse who has been inactive for five years?
Which of the following is NOT a qualification for nursing faculty?
Which of the following is NOT a qualification for nursing faculty?
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What is one condition under which a new Certificate of Registration can be issued?
What is one condition under which a new Certificate of Registration can be issued?
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What does legal liability in nursing primarily focus on?
What does legal liability in nursing primarily focus on?
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Which of the following is NOT an element required to establish proof of harming a patient in legal liability?
Which of the following is NOT an element required to establish proof of harming a patient in legal liability?
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What does the term 'breach of duty' refer to in the context of legal liability?
What does the term 'breach of duty' refer to in the context of legal liability?
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In the context of legal liability, what is 'causation' needed to prove?
In the context of legal liability, what is 'causation' needed to prove?
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Which scenario best illustrates a tort?
Which scenario best illustrates a tort?
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What does beneficence in nursing emphasize?
What does beneficence in nursing emphasize?
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Which principle allows a patient to refuse treatment even after being informed by the nurse?
Which principle allows a patient to refuse treatment even after being informed by the nurse?
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What is nonmaleficence primarily concerned with?
What is nonmaleficence primarily concerned with?
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What is veracity in the context of nursing ethics?
What is veracity in the context of nursing ethics?
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Which of the following is NOT one of the top leadership qualities in ethical leadership?
Which of the following is NOT one of the top leadership qualities in ethical leadership?
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How can ethical leadership be described in terms of visibility?
How can ethical leadership be described in terms of visibility?
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What does justice in healthcare ethics primarily focus on?
What does justice in healthcare ethics primarily focus on?
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What does fidelity in nursing ethics refer to?
What does fidelity in nursing ethics refer to?
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What is the term used to describe the actual harm that a patient suffers from a definite cause?
What is the term used to describe the actual harm that a patient suffers from a definite cause?
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Which type of tort involves intentional acts such as assault and battery?
Which type of tort involves intentional acts such as assault and battery?
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What characterizes nursing negligence?
What characterizes nursing negligence?
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What legal consequences can arise from gross negligence in nursing?
What legal consequences can arise from gross negligence in nursing?
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Which scenario represents a common example of negligence in nursing?
Which scenario represents a common example of negligence in nursing?
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Which situation can be classified under unintentional torts?
Which situation can be classified under unintentional torts?
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What type of law generally addresses disputes arising from unintentional torts in nursing?
What type of law generally addresses disputes arising from unintentional torts in nursing?
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Which of the following is NOT a common example of nursing negligence?
Which of the following is NOT a common example of nursing negligence?
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What is a primary responsibility of registered nurses in relation to their relationships with patients?
What is a primary responsibility of registered nurses in relation to their relationships with patients?
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Which ethical principle emphasizes collaboration among healthcare professionals?
Which ethical principle emphasizes collaboration among healthcare professionals?
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What is one of the guidelines registered nurses must adhere to regarding their co-workers?
What is one of the guidelines registered nurses must adhere to regarding their co-workers?
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Which action is NOT appropriate for registered nurses regarding their professional conduct?
Which action is NOT appropriate for registered nurses regarding their professional conduct?
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Which guideline pertains to registered nurses' involvement in professional development?
Which guideline pertains to registered nurses' involvement in professional development?
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What is a crucial aspect of the privilege relationship that registered nurses are advised to maintain?
What is a crucial aspect of the privilege relationship that registered nurses are advised to maintain?
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What must registered nurses actively avoid in their professional interactions?
What must registered nurses actively avoid in their professional interactions?
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How should registered nurses handle discussions about their colleagues' performance?
How should registered nurses handle discussions about their colleagues' performance?
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What is a requirement for licensed nurses from foreign countries to practice through a special/temporary permit?
What is a requirement for licensed nurses from foreign countries to practice through a special/temporary permit?
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What could lead to non-registration or non-issuance of a Certificate of Registration (COR)?
What could lead to non-registration or non-issuance of a Certificate of Registration (COR)?
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Which action may result in the revocation or suspension of a Certificate of Registration?
Which action may result in the revocation or suspension of a Certificate of Registration?
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What should a nurse do if their practice is suspended?
What should a nurse do if their practice is suspended?
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What is one condition under which a foreign nurse can be employed as an exchange professor?
What is one condition under which a foreign nurse can be employed as an exchange professor?
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Which of the following is NOT a cause for revocation or suspension of the COR?
Which of the following is NOT a cause for revocation or suspension of the COR?
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Under what circumstance can a nurse practice their profession if their license was suspended?
Under what circumstance can a nurse practice their profession if their license was suspended?
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What must a special/temporary permit be linked to?
What must a special/temporary permit be linked to?
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Study Notes
Legal Aspects in Nursing
- Legal aspects in nursing are a compilation of lecture notes.
- The lecture notes are compiled by Minda Boclog-Bahug.
- The date of compilation is 12/16/2024.
Ethico-Moral
- Ethical values, obligations, duties, and professional ideals of nurses individually and collectively.
- It is a non-negotiable ethical standard.
- It reflects nursing's commitment to society.
Values
- Enduring beliefs or attitudes about the worth of a person, object, idea, or action.
- Derived from cultural, ethnic, and religious background, societal traditions, peer groups, or family.
- Examples include family, honesty, and hard work.
4 Values of Nursing
- Strong commitment to service.
- Belief in the dignity and worth of each person.
- Commitment to education.
- Autonomy.
Purposes of Value Clarification
- Increases self-awareness.
- Assists in decision making.
- Provides a better grasp of one's value system.
- Helpful in resolving ethical dilemmas.
Ethical Dilemma
- A situation where a person must choose between two unfavorable alternatives.
- Examples include assisted suicide and euthanasia.
Morals and Ethics
- Morals are based on customs and habits; religious beliefs and social influence & group norms.
- Morality refers to personal standards of what is right and wrong in conduct, character, and attitude.
- Ethics are Greek in origin, meaning customs, habitual usage, conduct, and character.
- It refers to fidelity and respect for the dignity, worth, and self-determination of patients.
Basic Ethical Concepts
- Rights: Legal, social, and ethical principles of freedom or entitlement.
- Autonomy: The right to make decisions (patients' right to refuse despite a nurse's explanation).
- Beneficence and nonmaleficence: Beneficence is "do good" for the good and welfare of the client. Nonmaleficence is "do no harm" to the patient. A nurse has a duty to not cause harm to the patient.
- Justice: Equality and fairness in terms of resources and personnel.
- Veracity: Act of truthfulness.
- Fidelity: Faithfulness and loyalty to clients.
Ethical Leadership
- Involves principles of right, wrong, good, evil, virtue, duty, rights, obligations, justice, fairness in human relationships with each other.
- It directs people and communities toward the common good; towards justice
- Two essential leadership qualities: integrity and trustworthiness.
Components of Ethical Leadership
- Gratitude, humility, justice, mercy and compassion, prudence and objectivity, magnanimity integrity and resilience.
Gratitude
- Thankfulness and sincere expression of joy concerning gifts or kindness.
- A virtue that shows humility when interacting with others; bringing humanity to leadership.
Humility
- A virtue of modesty and unpretentiousness.
- Employs strategies to make one known to their employees.
- A humble leader also recognizes limitations, and mistakes, and attempts to correct them.
Justice
- Governs behaviour; making people recognize the rights of others.
- In the workplace, organizational justice is a predictor of work attitudes and behaviours.
- It involves equality and fairness in terms of resources and personnel.
Mercy and Compassion
- Shows understanding of the difficulties subordinates encounter during the execution of their duties.
- Shows bravery facing the suffering of others instead of ignoring their pain; showing forgiveness.
Prudence and Objectivity
- Thoughtful deliberation before actions; examining ramifications to all parties involved to limit negative impacts.
- Practicing prudence involves accuracy and precision; exact and deliberate actions are key.
- Requires intelligence, patience, shrewdness, and circumstantial understanding.
Magnanimity
- Leaders exhibit realistic vision, trust, forgiveness, the need to recognize accomplishments of subordinates.
- Leaders are generous with their time; encouraging and inspiring subordinates
Integrity and Resilience
- Integritas, is the Latin word defining personal values that direct a leader's behavior while adhering to moral values.
- Regardless of religious background, integrity is respected, admired, and welcomed by employees.
- Demonstrates expectation of fair play.
- In contrast with integrity, corruption is associated with dysfunctional organizations that lack goals and employee commitment.
Principles of Ethical Leadership
- Includes qualities such as building community, manifesting honesty, respecting others, and showing justice. - Ethical leaders strive to have a process of influence and engage followers to accomplish mutual goals.
Treating Others as Ends (their own goals)
- Deals with treating other people (employees) by considering their values, decisions, and individual differences as valuable and important.
Serving Others
- Leaders have a duty to help others achieve their own legitimate interests.
- Leaders serve as stewards of the organization's vision; clarifying, nurturing, and integrating with members.
Ethical Leaders and Followers
- Ethical leaders should consider the purposes of all involved in the group and reach beyond individual goals.
Principles of Distributive Justice
- These principles are applicable in various situations.
- These principles include equitable share, individual need, individual rights, individual effort, societal contribution, and merit.
Manifests Honesty
- Honest leaders are aware of others' feelings and attitudes.
- They avoid being deceptive and promise only what they can deliver (honesty).
- Honesty is consistent with openness, truthfulness, accountability, and acknowledging/rewarding honest behavior in the organization
Concern for Common Good
- Leaders cannot impose their will on others but rather search to find goals that benefit everyone.
- Leaders address the interests of the community and the culture.
Key Characteristics of Ethical Leadership
- Moral conduct, ethical standards, moral purpose (moral vision), moral accomplishments, moral duty/responsibility, moral knowing, moral cooperation, and moral role modelling.
Nursing Code of Ethics
- A formal statement of a group's values and ideals.
- A set of ethical principles that members share.
- Reflects moral judgments over time; serving as a benchmark for professional actions.
Purposes of Nursing Code of Ethics
- Informing the public about minimum standards; helping understand professional nursing conduct
- Signifying the profession's commitment to public service.
- Outlining major ethical considerations of the profession.
- Providing general guidelines for professional conduct.
- Guiding self-regulation of professional behaviour.
- Reminding nurses of their responsibilities when caring for clients.
Fundamental Responsibilities of Nurses
- Promote health.
- Prevent illness.
- Restore health.
- Alleviate suffering.
Elements of Nursing Code of Ethics
- Nurses and people.
- Nurses and practice.
- Nurses and the profession.
- Nurses and co-workers.
Code of Ethics for Filipino Nurses
- The hallmark of professionals is their willingness to accept and follow ethical principles.
- This code outlines a commitment to principles higher than the law.
- General principles include service to others, integrity, and professional competence; social responsibiltiy and global competitiveness
- Adopted by the PRC in July 2003.
Article I (Preamble)
- Health is a fundamental right of every individual.
- Filipino registered nurses value the worth and dignity of each human being; primary responsibility to preserve health.
- Includes promotion of health, prevention of illness, alleviation of suffering, and restoration of health.
- If foregoing is not possible, assistance towards a peaceful death is also an obligation.
Article II (Registered Nurses and People)
- Respecting values, customs, and beliefs.
- Respecting individual freedom to make rational and unconstrained decisions
- Maintaining confidentiality of personal information.
- Prioritizing the needs of susceptible or vulnerable populations.
- Promoting social justice.
Article III (Registered Nurses and Practice)
- Maintaining ethical standards in practice/knowledge.
- Committing to high-quality patient care through knowledge/scientific advancements.
- Encouraging ethical behavior/transparency in nursing practice
Article IV (Registered Nurses and Co-workers)
- Establishing/maintaining respectful relationships with co-workers.
- Safeguarding individuals, families, and communities; intervening when a co-worker endangers someone's health.
- Promoting ethical conduct amongst colleagues.
Article V (Registered Nurses, Society, and Environment)
- Commitment to preserving life, respecting human rights, and promoting a healthy environment
- Promoting links between nursing communities
- Addressing local, national, and global health and social needs
- Actively participate in and promote community health
- Reflecting and promoting a professional attitude by setting precedence for the nursing profession.
Sec 14: Ethical Principles
- preserving life/respecting rights/promoting health environment are a nurse's obligations.
- Linking with public in efforts to maintain local/national/international well-being
Guidelines to be Observed
- Being conscious of obligations as citizens; active role in community concerns
- Being equipped with knowledge of health resources; active role in primary healthcare
- Actively participating in programs that deal with societal problems
- Leading lives conforming to right conduct
- Projecting positive images for the nursing profession.
Article VI (Registered Nurses and the Profession)
- Maintaining loyalty; upholding the integrity of the profession. - Adhering to the by-laws of nursing organizations (PNA).
- Committing to ongoing development and growth of the profession in both learning/ active participation.
Article VII (Administrative Penalties, Repealing Clause, and Effectiveness)
- The certificate of registration of a registered nurse may be revoked or suspended for violation of any provision in this code.
- Codes of Ethics for nurses, technical standards for nursing practice, and policies of board/commission, or conditions/limitations of temporary permits.
Nurse Licensure Examination
- A written exam with 500 items.
- Filipino citizenship, reciprocity agreements, good moral character, and a BSN degree are crucial for qualification.
Ratings/Scope of Examination
- A Grade Weight Average (GWA) 75% is required; no subject can obtain less than a 60%.
- Subjects below 60% must be repeated; a 75% rating is required to pass.
- Scope of the exam is determined by the Board of Nursing (BON) according to nursing curriculum objectives
Oath
- All successful examinees are required to take an oath of their profession.
- An administration official is to administer the oath prior to entering nursing practice.
- The official (Oath-taking authority) may be a Board member or a government personnel.
Certificate of Registration
- A required document issued to successful examinees upon payment of prescribed fees
- Includes full name, serial number, and signatures of relevant personnel.
- Issued with an official seal and professional identification cards.
Registration by Reciprocity
- Issuance of COR without licensure examination for nurses from countries that have similar legal requirements.
- The laws of this country will grant the same privileges as Filipino citizens to practitioners.
Practice Through Special/ Temporary Permit
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Foreign nurses may come to the Philippines on either a paid or not paid service basis.
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They may be well-known international specialists, or outstanding experts.
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Licensed nurses from a foreign country, employed by schools/colleges of nursing as exchange professors, may also be included for a special permit.
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Special/temporary permits must align with the project duration, medical mission, or employment contract.
Non-registration/ Non-Issuance of COR
- A person may be denied registration if convicted of moral turpitude, immoral, or dishonorable conduct; pronounced unsound of mind by court.
- This denial can be accompanied by a written notice explaining the reason.
Revocation/Suspension of COR
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The revocation/suspension occurs as a consequence for violations of the Act, rules, and regulations; unethical conduct (gross incompetence, serious ignorance); malpractice/negligence in practice; fraudulent use of statements; or violation of suspension from practice
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The period of suspension will not exceed 4 years.
Re-Issuance/ Replacement of COR
- A registered nurse may request a new COR certificate if their existing one is lost, mutilated or the cause for revocation has disappeared, been cured, or corrected.
Nursing Education
- Relevant information about requirements/qualifications for nurses in the Philippines.
Requirements for Inactive Nurses
- Nurse who do not practice for 5 years.
- Requirements must be met to be able to practice once again.
Qualifications for Faculty Members
- Qualifications to be a faculty member in a Philippine Nursing program.
- The program must be accredited.
Duties and Responsibilities of a Nurse
- Provides nursing care using the nursing process, establishing linkages, and offering health education.
Qualifications of Nursing Administrators
- Basic requirements for a nursing administrator in the Philippines.
- Additional qualifications for a Chief Nurse/Director of Nursing Service include 5 years of supervisory experience and a master's degree major in Nursing.
Private or Civil Law: Definitions and Examples
- Tort law: A legal wrong committed against a person or their property. It can arise from denial, failure to comply with duties, or malpractices.
- Common examples of negligence include burns due to hot water bottles, falls from slippery surfaces, wrong medications/doses/patients, use of faulty equipment, or loss of belongings.
Legal Liabilities in Nursing
- Liability is a hindrance, resulting in disadvantages.
- It is the state of accountability for actions, or consequences.
- The four elements to establish proof of harm to a patient include the Nurses' duty of care, breach of that duty, causation, and any damages incurred.
Legal Issues in Nursing
- Legal issues are disputes that courts need to resolve. A significant portion of the legal issues in nursing relate to unintentional, intentional or quasi-intentional torts/breach of duty.
- Common issues include negligence (failure to follow appropriate safety procedures), malpractice (professional negligence), assault (threatening a patient), battery (unlawfully touching a patient), invasion of privacy (unnecessary exposure of patient), fraud (misrepresenting qualifications), and other legal rights/responsibilities.
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Test your knowledge on the legal and ethical aspects of nursing. This quiz covers topics such as Certificate of Registration, nursing faculty qualifications, and fundamental principles like beneficence and nonmaleficence. Get ready to delve into the critical responsibilities and obligations nurses must uphold in their practice.